Attorney Profile

David H. Nachman

David Nachman

Nachman, Phulwani, Zimovcak Law Group, P.C.
Visaserve Plaza, 487 Goffle Road
Ridgewood, NJ 07450

Ridgewood

New Jersey (NJ)

201-759-4333
201-670-0009
Industry Groups: Academic, Advertising, Aerospace, Agricultural, Automotive, Banking, Biotechnology, Broadcasting, Communication, Computer, Construction, Consulting, Contractor, Drugs, Education, Electronics, Engineering, Environmental, Export, Financial, Government, Import, International, Internet, Manufacturing, Medical Wireless, Mortgage, Nanotechnology, Oil & Gas, Personal, Pharmaceutical, Pollution, Research & Development, Shipping., Technology, Transportation, Trucking, Wholesale

Selections

Selected To Super Lawyers: 2005 - 2006, 2008 - 2014

Selected to Super Lawyers for 9 years

Practice Areas

Immigration

International

Employment & Labor

Profile

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc. 

Attorney Nachman and fellow lawyers contributed to landmark decisions in such cases as Berger vs. Berger and Woolley vs. Hoffman-LaRoche. Mr. Nachman prepares H-1B visas, TN applications, O-1 artist and extraordinary ability visas, and Treaty-trader and Treaty-investor visas. Mr. Nachman assists international businesses of all sizes with L-1 intracompany transfers, I-9 Form issues, DOL Wage & Hour Audits and consular processing of immigrant and nonimmigrant visa applications throughout the world. The VISASERVE staff also assist corporations with I-9 Audits.

Appearing on NJ News Channel 12 twice as a recognized authority on business and corporate immigration law, Mr. Nachman is also a former Chair of the NJ Chapter of the American Immigration Lawyers Association (AILA). Nachman also presented Continuing Legal Education programs for the NY State Bar, the Bergen County Bar Ass'n, the U.S. DOJ, Sterling Educational Services, the Employers’ Ass'n of NJ (EANJ) and CELESQ.

David Nachman, Esq. is widely-published on U.S. immigration and nationality law issues. He is also an Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and at Bergen Community College. In addition to teaching immigration and nationality law, Mr. Nachman moderates an annual program on "Immigration Law Basics" for the NJ Institute of Continuing Legal Education (NJICLE).

Mr. Nachman earned his JD from Case Western Reserve University Law School in Ohio in 1988. He also received an MBA from Case Western Reserve University in 1989. He continued classes for an LLM in International Trade at NYU Law School through 1993. He is a member of the New Jersey Bar, the 3rd Circuit Court of Appeals and the U.S. Court of International Trade.

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. is an International Immigration Law Firm with offices in NJ and NY. The Firm has affiliated offices in Canada and India. The Firm provides assistance with waivers, removal defense, PERM, green cards, visas, work permits and immigration compliance matters for employers and employees and their families.

Check out our website at www.visaserve.com for a vast array of information about our Firm and about various U.S. and Canadian Immigration Law issues.  Our staff is quite ecletic and they speak many foreign languages including, but not limited to: Spanish, French, Japanese, Korean, Tamil, Hindi, Gujarati, Nepalese, Slovak, Czech, Russian, Polish, Tagalog, Hebrew, Chinese, German and English.

International Locations

Global Region(s): Asia, Canada (Region), Europe, Latin America


About David Nachman

Law School: Case Western Reserve University School of Law

Languages Spoken: English, Italian, Japanese, Korean, Polish, Russian, Spanish

Admitted: 1989, New Jersey

Professional Webpage: www.visaserve.com/Attorneys/David-H-Nachman-Esq.shtml

Honors and Awards:

  • The "Top 40 Under 40" consists of lawyers selected by the New Jersey Law Journal as having distinguished themselves before reaching the age of 40. The Law Journal chose the lawyers on the basis of achievement in their careers, recognition by peers and professional organizations, membership and leadership in bar and other associations, and records of lectures and publications. The 40 lawyers selected are viewed as the future leaders of the New Jersey bar., Forty Under Forty , New Jersey Law Journal , 2002
  • Delta Phi Epsilon
  • Psi Chi

Special Licenses/Certifications:

  • Admission the the 3rd Circuit Court of Appeals, 1994
  • Admission to the U.S. Court of International Trade, 1990

Bar/Professional Activity:

  • New Jersey Bar Association
  • Canadian Bar Association
  • Slovakian/American Chamber of Commerce
  • National Association of Foreign Student Advisors
  • Commerce and Industry Association of New Jersey
  • Meadowlands Chamber of Commerce
  • Greater Mahwah Chamber of Commerce
  • Society of Human Resources Management
  • American Immigration Lawyer's Association, Board Member
  • American Immigration Lawyer's Association, New Jersey Chapter
  • Editorial Board Member, New Jersey State Bar Association, International Section
  • Member, Bergen County Bar Association
  • U.S. Court of International Trade
  • U.S. Court of Appeals 3rd Circuit

Pro bono/Community Service:

  • Family Court, Bergen County, 1993
  • Division of Youth and Family Services, 1991
  • Member of the Teaneck Economic Development Council. Various pro bono activities for numerous not for profit religious and secular organizations in New Jersey.

Scholarly Lectures and Writings:

  • Immigration and Nationality Law, Bergen Community College, 1992 - Present
  • Adjunct Professor, Fairleigh Dickinson University, 1992 - Present
  • Mr. Nachman has written and continues to make numerous academic contributions to the field of Business Immigration Law. See the Firm website at www.visaserve.com for a list of some of his articles and publications. Mr. Nachman has appeared as an authority on NEWS CHANNEL 12 on several occasions concerning immigration law issues. , Author and Speaker , Various Professional and Trade Journals , Academic, Advertising, Aerospace, Agricultural, Automotive, Banking, Biotechnology, Broadcasting, Communication, Computer, Construction, Consulting, Contractor, Drugs, Education, Electronics, Engineering, Environmental, Export, Financial, Government, Import, International, Internet, Manufacturing, Medical Wireless, Mortgage, Nanotechnology, Oil & Gas, Personal, Pharmaceutical, Pollution, Research & Development, Shipping., Technology, Transportation, Trucking, Wholesale

Transactions:

  • NACHMAN & ASSOCIATES, P.C. is the receipient of an OSC Grant from the U.S. Department of Justice. Through this Grant, OSC conducts an outreach and education program aimed at educating employers, potential victims of discrimination, and the general public about their rights and responsibilities under the INA's anti-discrimination and employer sanctions provisions. OSC, in partnership with the Equal Employment Opportunity Commission, conducts workshops throughout the United States for employers to increase understanding of employer sanctions and the protections against discrimination. To leverage its outreach activity, OSC awarded a grant Nachman & Associates for the purpose of conducting public education programs about the rights of employees and the responsibilities of employers under the INA's anti-discrimination provision. OSC's grantees are state and local fair employment practices agencies and community-based, faith-based, labor, business and immigrant service organizations. Grantees translate OSC materials, work with local organizations to reach new populations, hold seminars and meetings, distribute OSC materials, develop educational packets, update current legal manuals to include changes in the immigration law, disseminate information through the world wide web, and refer charges of discrimination to OSC. OSC provides technical assistance, speakers, and outreach materials to the grantees. In an effort to increase accessibility to its services and resources, OSC has signed and/or reinvigorated its memoranda of understanding with various state and local human rights agencies, where individuals can now obtain OSC information and file charges of immigration related employment discrimination., 2007

Representative Clients:

  • References available upon request. Due to ethical restrictions the Firm is not permitted to disclose the existence of client relationships, 2008
  • Wolley vs. Hoffman-LaRoche
  • Berger vs. Berger

Other Outstanding Achievements:

  • Adjunct Professor of Immigration Law in the Paralegal Studies Program at Fairleigh Dickinson University and Bergen Community College.  

Video:

  • Some of the very best immigration lawyers in the U.S. work at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. We assist our clients with the full spectrum of Family and Business Immigration Law Services. We also have a Canadian Division (with Canadian Immigrations Lawyers in the U.S.) who can provide an option for those who want to immigrate to Canada. NPZ Law Group offers the following services in the many languages spoken by the VISASERVE Team . . . Green Cards, Work Permits, Family and Employment Immigration Lawyers, Canadian Immigration Law Services, Removal Defense, Nonimmigrant Visas, Immigrant Visas, Waivers, Hardship Waivers, H-1B, Artist Visas, Business Visitors, Trainees, Investor Visas, International Student Visas, Deferred Action Cases, DACA, TPS, Immigration Court Representation, Removal Defense, Researchers, Scientists, Canadian Immigration Law, Transfer of Highly-skilled Labor, H-1B, E-1, E-2, J-1, L-1A, L-1B, O-1, P-1, P-3, R-1, Religious Workers, U visas, Professional Workers, PERM, Labor Certification Process, Intracompany Transferees, DOL Audits, PWD Audits, FDNS Site Visits and Audits and investigations, Consular Processing in India and throughout the world, Immigration Compliance for Employers, E-Verify Compliance, IMAGE, Immigration-related Litigation. Immigration Lawyers David Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq. have over 70 collective years of immigration law experience. Michael Phulwani, Esq. is the author of a guide to U.S. Immigration law that has been distributed to Consulate Offices throughout the World. David Nachman, Esq. is a Professor of Paralegal Studies at Fairleigh Dickinson University and at Bergen Community College. We are a law firm specializing in visas, green cards, and naturalization. Check us out on the web at http://www.visaserve.com Our offices in New York City are located at 7 West 36th Street, 14th Floor. =================================================== The other ways to search for NPZ LAW GROUP on the web include: visaserve.com, Immigration lawyer, Best Immigration Lawyers, Immigration, Immigration, Immigration Law, Immigration, Immigration, Immigration, imigration, immigracion, retrogression, Visa Bulletin, visa lottery, Green Card Lottery, INS waiting times, INS, DACA, Deferred Action, Investor Visa, USCIS, ICE, K-1, K1, K-1 visa, K-1 fiance visa, fiance visa, consulate, Chennai, Mumbai, New Delhi, consular processing, Reduction in Recruitment, RIR, Foreign Residence, Consular, Consular Processing, 485, Priority Date, H-1B Cap, H-1B Quota, CIR, Comprehensive Immigration Reform, Immigration Bill, Immigration Bulletin, Immigration News, Immigration Update, Immigration Forms, Immigration Fees, Fingerprinting, STEM, DREAM Act, Passport, CIS, Labor Certification, TN visa, NAFTA, 212(e), 245i, 245(i), immigration legislation, immigration regulation, Immigration Regulations, CBP, Border Patrol, nationality, Immigrant stories, US citizen, PWD, US, Immigration and Nationality Law (U.S. and Canada), Academia, Etc., Information Technologies, Manufacturing, New Media, Pharmaceutical, Transportation, 2013
  • 1. CONSULAR PROCESSING - HOW TO CONDUCT CONSULAR PROCESSING - 214(B) BURDEN OF PROOF WHEN APPLYING FOR VISA WITH EXCEPTIONS, DUAL INTENT - H-1B CERTIFICATIONS AT CONSULATE - PRINCIPLE PETITIONERS BEING REQUESTED TO TRAVEL TO CONSULATE - CONSULAR RE-ADJUDICATE CASES, U.S. Immigration Law Videos - Visas, Green Cards, PERM and H-1B., Hi Tech, Information Technologies, International, Manufacturing, Media, Motion Pictures, Movies, Pharma, Pharmaceutical, Transportation

Newsletters:

  • Our office prepares e-mail newsletters on a monthly basis that tells the public about various developments in the business immigration law arena., Business Immigration Newsletters , Academic, Advertising, Aerospace, Agricultural, Automotive, Banking, Biotechnology, Broadcasting, Communication, Computer, Construction, Consulting, Contractor, Drugs, Education, Electronics, Engineering, Environmental, Export, Financial, Government, Import, International, Internet, Manufacturing, Medical Wireless, Mortgage, Nanotechnology, Oil & Gas, Personal, Pharmaceutical, Pollution, Research & Development, Shipping., Technology, Transportation, Trucking, Wholesale

Educational Background:

  • Case Western Reserve University, Cleveland, Ohio, M.B.A., 1989
  • Georgetown University, Washington, District of Columbia, B.S., 1985
  • Universidad Catholica, Quito, Ecuador

Disclaimer

No aspect of this advertisement has been approved by the New Jersey Supreme Court.

Call me at 201-759-4333

To: David H. Nachman

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Map Location
White Papers

U.S. Immigration Law White Paper - H-1B Overview

OVERVIEW OF THE H-1B (FORMERLY, H-1) NONIMMIGRANT PROFESSIONAL AND SPECIALTY OCCUPATION WORKER (FORMERLY, DISTINGUISHED MERIT AND ABILITY) VISA PETITION PROCESS:  The H-1B visa (specialty occupation) is required by an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the U.S. Citizenship and Immigration Services (“USCIS”) to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. This overview provides a general outline of the necessary procedures for obtaining an H-1B visa. The H-1B process involves two major steps. First, the Petitioner or Sponsoring Company submits a Labor Condition Application (“LCA”) to an appropriate Regional Office of the U.S. Department of Labor (“DOL”) for certification. Second, the Petitioner or Sponsoring Company files a Petition with the Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”) for H-1B visa classification. If the H-1B Applicant is in the United States and holds a valid nonimmigrant visa, he/she may request a change of status. If the H-1B Applicant is outside the U.S., he/she may submit an Application to a U.S. Consular Office overseas to receive multiple-entry H-1B classification.  I.          Filing the LCA By filing the LCA with the DOL, the Petitioner or Sponsoring Company will attest to the following: 1.         That for the entire period of authorized employment, the Petitioner or Sponsoring Company will pay all H-1B alien(s) who have similar experience and qualifications for the specific position set forth in the LCA at least the higher of: the actual wage level paid by the Petitioner or Sponsoring Company to all other individuals with similar experience and qualifications for the specific position in question; or  b.         the prevailing wage level for that specific occupational classification by all employers in the geographic area of intended employment.   2.         That for the entire period of authorized employment, the employment of the H-1B alien will not adversely affect the wages and/or working conditions of workers similarly employed in the area of intended employment; and  3.         That, on the date the LCA is signed and submitted, there was not a strike, lockout, or work stoppage in the course of a labor dispute in the relevant occupation at the place of employment; and  That, on or before the date of the LCA, notice of the application was posted in two conspicuous locations at the employer's establishment. The LCA procedure is complaint driven; that is, an investigation into the accuracy of the LCA may occur if a complaint is filed by an aggrieved party; however, administrative agencies may conduct random audits in their discretion.  If a complaint is filed, the DOL Wage and Hour Administrator will investigate the complaint. In the event of a violation of the LCA, the Administrator may (1) impose a $1,000 fine per violation; (2) bar the employer from obtaining future visas for a period of at least one year; and (3) order the employer to provide for payment of back wages (additionally, administrative agencies may conduct audits of other of the Petitioner or Sponsoring Company’s Federal and State Law compliance requirements).  Material misrepresentations on the LCA can subject the signer to penalties for perjury including fines and incarceration. A.        Posting Notice of the Application Notice of the LCA must be posted in at least two conspicuous locations at the place of employment for ten (10) consecutive business days.  The Petitioner or Sponsoring Company must provide a notice of the filing of the labor condition application to its employees by posting a notice in at least two conspicuous locations at each place of employment where any H-1B nonimmigrant will be employed. We will provide the Petitioner or Sponsoring Company with the paperwork to post. B.         Satisfying Documentation Requirements Within one working day of the filing of the LCA, upon request by any person, the Petitioner or Sponsoring Company must make available for inspection certain documentation about the LCA. We will prepare a "Public Access" folder for the Petitioner or Sponsoring Company to keep for this purpose. This folder must be retained for one year beyond the end of the period of employment specified on the LCA. In addition to the public access documentation, the Petitioner or Sponsoring Company must maintain certain documents for DOL to review in the event of a complaint.  In addition to these documents, the Petitioner or Sponsoring Company must maintain payroll records for each foreign national and any other individuals with experience and qualifications similar to that of the foreign national at the place of employment. The Petitioner or Sponsoring Company must maintain the payroll records for a period of three (3) years from the date of the creation of the records. Prevailing wage level information must be updated every 24 months for the duration of the LCA (i.e., up to six years). The Petitioner or Sponsoring Company should note that 22 months from the date of obtaining the initial prevailing wage determination it may have to obtain new prevailing wage information.    II.        The H-1B Petition and Issuance of the H-1B Visa Once the LCA has been approved, our office shall complete and file the H-1B Petition with the USCIS. The Petition will consist of the Form I-129, the Petitioner or Sponsoring Company's letter of support outlining the position duties and requirements, and supporting documentation, including information about the Petitioner or Sponsoring Company. It typically takes anywhere between six (6) to twelve (12) weeks for the USCIS to approve an H-1B Petition. However, with Premium Processing available, this time may be significantly curtailed. As you may be aware, the new H-1B Law, commonly referred to as the American Competitiveness in the 21st Century Act (“AC-21”), contains an H-1B “portability” provision that purports to allow a prospective H-1B employee to commence employment with a new employer upon the approval of an LCA and the filing of the Petition with the USCIS. At this time, however, we are not recommending that employers/employees utilize the “portability” provisions since there is a high degree of risk (potential civil liabilities) for an employer and the employee if the H-1B is subsequently denied by the USCIS. In addition to the foregoing, at the present time, there are no regulations that interpret the “portability” provisions promulgated in AC-21.             Under regulations promulgated in 1991, in the event the Petitioner or Sponsoring Company dismisses the foreign national from employment before the end of the period of authorized admission, the Petitioner or Sponsoring Company may be responsible for the reasonable costs of return transportation to his/her residence abroad. Pursuant to the Omnibus Appropriations Act (effective December 8, 2004), the Department of Labor’s (“DOL”) Training Fee, originally implemented pursuant to ACWIA, has been reinstated. The fee was raised to $1,500.00 for employers that employ over 25 full-time employees (determined by taking into account an organization’s affiliates or subsidiaries). However for employers that employ 25 full-time employees or less, the training fee is $750.00. Additionally, the H-1B Reform Act of 2004 and Omnibus Appropriations Act instituted a new Fraud Prevention and Detection Fee in the amount of $500.00, which took effect on March 8, 2005 and which must be paid by an employer seeking a beneficiary's first grant of H-1B or L classification or by an employer seeking to change the Beneficiary's employer. Only petitions to amend or extend status filed by an existing H-1B or L employer for an existing H-1B or L employee, will be exempt from this fee. It is the employer’s responsibility to notify us regarding any changes in wages, working conditions, or characteristics of the employment position, or if the foreign national changes jobs. Likewise, please notify us if there are any changes in the organizational structure or ownership of the Petitioner or Sponsoring Company, or if any kind of labor dispute occurs. Such changes can affect both the LCA and the H‑1B Petition, both of which refer to a specific job and to a specific person. If you should have any questions about any of the foregoing, please do not hesitate to contact us.  

Industry Group(s): Hi Tech, Information Technologies, International, Manufacturing, Media, Motion Pictures, Movies, Pharma, Pharmaceutical, Transportation



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